RCW 70.96B.045
Emergency custody -- Procedure.
(1) If a
designated crisis responder receives information alleging that a
person, as the result of:
(a) A mental disorder, presents an imminent likelihood of
serious harm, or is in imminent danger because of being gravely
disabled, after investigation and evaluation of the specific
facts alleged and of the reliability and credibility of the
person or persons providing the information if any, the
designated crisis responder may take the person, or cause by oral
or written order the person to be taken into emergency custody in
an evaluation and treatment facility for not more than
seventy-two hours as described in this chapter; or
(b) Chemical dependency, presents an imminent likelihood of
serious harm, or is in imminent danger because of being gravely
disabled, after investigation and evaluation of the specific
facts alleged and of the reliability and credibility of the
person or persons providing the information if any, the
designated crisis responder may take the person, or cause by oral
or written order the person to be taken into emergency custody in
a secure detoxification facility for not more than seventy-two
hours as described in this chapter.
(2) The evaluation and treatment facility, the secure
detoxification facility, or other certified chemical dependency
provider shall then evaluate the person's condition and admit,
detain, transfer, or discharge such person in accordance with
this chapter. The facility shall notify in writing the court and
the designated crisis responder of the date and time of the
initial detention of each person involuntarily detained so that a
probable cause hearing will be held no later than seventy-two
hours after detention.
(3) A peace officer may take or cause the person to be taken
into custody and immediately delivered to an evaluation and
treatment facility, secure detoxification facility, or other
certified chemical dependency treatment provider: (a) Pursuant
to this section; or (b) when he or she has reasonable cause to
believe that such person, as a result of a mental disorder or
chemical dependency, presents an imminent likelihood of serious
harm, or is in imminent danger because of being gravely disabled.
An individual brought to a facility by a peace officer may be
held for up to twelve hours: PROVIDED, That the individual is
examined by a designated crisis responder within three hours of
arrival. Within twelve hours of arrival the designated crisis
responder must determine whether the individual meets detention
criteria. If the individual is detained, the designated mental
health professional shall file a petition for detention or
supplemental petition as appropriate and commence service on the
designated attorney for the detained person.
(4) Nothing in this chapter limits the power of a peace
officer to take a person into custody and immediately deliver the
person to the emergency department of a local hospital or to a
detoxification facility.
[2007 c 120 § 2.]
NOTES:
Effective date -- 2007 c 120: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 18, 2007]." [2007 c 120 § 3.]